New Jersey may grant a parent sole custody when the courts find that joint custody is not in the best interest of the child. Sole custody is generally awarded when one parent is unable to safely, consistently, or appropriately care for the child.
What Is Sole Custody in New Jersey?
Sole custody is a child custody arrangement in which one parent is awarded primary responsibility for the child, including their daily care and making important decisions on the child’s behalf.
What Is the Difference Between Physical and Legal Custody?
In New Jersey, custody cases typically involve:
- Physical custody
- Legal Custody
Physical custody determines where the child resides and who is responsible for their daily care.
Legal custody generally refers to the right of a parent to make decisions for the child, including:
- What medical treatment they receive
- What religion, if any, the child practices
- Where the child goes to school
- General upbringing
What Happens Under Sole Custody?
When granted sole custody:
- One parent primarily cares for the child
- One parent makes major decisions on the child’s behalf
- The non-custodial parent may receive parenting time or visitation rights
- Supervised visitation may be ordered in some circumstances
New Jersey courts typically prefer continued involvement from both parents, unless doing so would result in harm to the child.
Do New Jersey Courts Prefer Joint Custody?
Usually, yes, New Jersey courts typically favor joint custody. This is because the courts believe the child benefits the most when they can maintain a relationship with both parents.
Why Do New Jersey Courts Favor Joint Custody?
New Jersey courts may prefer joint custody when:
- The parents are able to cooperate
- The parents remain actively involved in the child’s life
- The safety of the child is not at risk
- Both parents are able to meet the needs of the child
When Is Sole Custody Granted in New Jersey?
In New Jersey, courts may grant sole custody in instances where the safety, stability, or overall well-being of the child would suffer if joint custody were awarded.
What Factors Can Lead to Sole Custody?
In New Jersey, courts may award sole custody in circumstances involving:
- Domestic violence
- Child abuse or neglect
- Substance abuse
- Abandonment
- Incarceration
- Parental alienation
- Lack of parental involvement
- Failure to meet the needs of the child
- Unsafe living environment
- Geographic relocation
What Must Be Proven to Obtain Sole Custody?
In order to obtain sole custody, it must be demonstrated that:
- Sole custody supports the best interests of the child
- The other parent is unable to consistently meet the child’s needs
- Joint custody would negatively impact the child
- Sole custody is necessary to protect the well-being of the child
Can Domestic Violence Impact Child Custody in New Jersey?
Yes. In New Jersey, domestic violence is one of the most influential factors the courts consider when determining custody outcomes.
How Can Domestic Violence Affect Custody Outcomes?
When domestic violence is prevalent, the New Jersey courts may:
- Restrict parenting time
- Impose supervised visitation
- Award sole custody to the non-abusive parent
- Limit contact between the parents
The courts prioritize the best interests of the child, including their safety and well-being, when domestic violence allegations are strongly supported by credible evidence.
Can Substance Abuse Result in Sole Custody in NJ?
Yes. Courts in New Jersey may find that a parent’s ability to safely care for a child is impacted by their substance use, ultimately awarding sole custody.
What Substance Abuse Issues Do the Courts Consider?
If allegations of substance abuse arise during a custody dispute, the courts will consider:
- Failed drug tests
- DUIs
- Criminal charges related to controlled and illicit substances
- Rehabilitation efforts
- Compliance with ongoing treatment efforts
Can Courts Restrict Parenting Time Because of Substance Use?
Yes. If the courts find that a parent is abusing substances, the court may restrict or limit parenting time if they find that the child’s safety is at risk because of the parent’s drug use.
Can Mental Health Issues Impact Custody Decisions?
Potentially. In New Jersey, mental health conditions alone are not enough to automatically prevent a parent from receiving custody of the child. However, untreated or severe mental health conditions can impact custody decisions when they impair parenting ability.
What Mental Health Factors Do New Jersey Courts Consider?
New Jersey Courts will consider:
- Treatment history
- Compliance with medications
- Hospitalization or inpatient care
- Parenting stability
- Ability to meet the needs of the child
Does a Diagnosis Automatically Result in Sole Custody?
Generally, no, a mental health diagnosis will not automatically render a parent ineligible to receive custody of their child.
Can a Child’s Preference Impact Sole Custody in New Jersey?
Yes, in New Jersey, a child’s preference may be considered by the court, depending on the child’s age and maturity.
When Does a Child’s Preference Matter?
Courts may give increased consideration to a child’s preference when:
- The child is sufficiently mature
- Their preference is based on sound reasoning
- Their preference reflects their best interests
Like other matters, the child’s preference is just one factor considered during custody determinations.
Can Relocation Impact Sole Custody Determinations?
Yes, relocation and geographic distance can impact custody arrangements, especially when they would substantially interfere with a parent’s custody and parenting time rights.
What Relocation Factors Will New Jersey Courts Consider?
New Jersey courts consider:
- Distance between parents
- Disruptions in the child’s education
- Parenting schedules
- Travel distance
- The stability of the child
- The child’s relationship with both parents
Relocation disputes often revolve around whether or not joint custody agreements are still viable.
Contact an Experienced Family Law Firm Today
If you are going through a custody dispute, it is important to know that you have legal options. That is why you should contact the team at Paone, Zaleski, & Murphy today. We can help you fight for the best possible outcome. Contact us today to learn how we can represent you.
